AWeber API Terms of Use

Last revised: 6/8/2018

AWeber's platform is used by nearly 100,000 small businesses around the world to engage with prospects and clients. The integration and automation between the hundreds of different online applications that business owners use can save time and enhance the value they derive from those products. Our API was born out of the desire to open our platform to thousands of independent developers worldwide and service providers to create unique and time saving integrations.

As a part of that process we need to set some easy to follow guidelines to both encourage your imagination around interesting projects as well as protect both AWeber's and users' rights.

We're glad you've chosen to use the AWeber API. By using the AWeber API (the "AWeber API" or "API"), you and, if applicable, the company you represent (collectively, "you") accept and agree to be bound by the following terms and conditions (the "Terms of use" or "Terms") for developing your application ("app"). It is important that you read these Terms as they form a legal agreement between you and AWeber Systems, Inc. ("AWeber", "we", or "us").

In addition to the content of these Terms you also agree to the following agreements:

If you disagree with anything in these Terms, do not click that you agree to them, do not create an AWeber Developer account, and do not access or use the AWeber API.

AWeber reserves the right, from time to time, with or without notice to you, to change these Terms. The most current version of these Terms can be reviewed at this URL anytime. The most current version of the Terms will supersede all previous versions. By using the AWeber API after changes are made to the Terms you agree to be bound by these changes. Your only recourse, if you disagree, is to discontinue your use of the API.

# 1. Access- 1.1 Use of the AWeber API is subject to limitations on access and volume of requests over a period of time. The current rate limit is 120 requests per minute per authenticated AWeber customer account.

Example: if your application has 2 different AWeber customer accounts using it, then your app would be able to make 120 requests per minute for each separate customer account.

Example: if a customer has their account connected to two different API applications those apps would need to share the 120 requests per minute limitation.

- 1.2 You shall take care to develop your application in a way that does not create more calls than are necessary to the AWeber API. From time to time AWeber may ask you to modify how your app works to be more resource friendly to prevent degradation of the AWeber service.

- 1.3 If your application is deemed to be in violation of the above access limitations, or any part of the following Terms your access may be temporarily or permanently revoked.

It is important that you maintain accurate, up to date contact email address as well as phone number within your Developer profile should be need to contact you about your application.

- 1.4 If your application causes or induces AWeber users accounts to violate the AWeber Service Agreement (for example, by sending email spam, adding email addresses which have not requested to be added to a list, etc), it may be suspended or terminated.

- 1.5 If you are creating more than one unique application, you shall create that application in the same AWeber Developer account. Creation of more than one developer account per organization is prohibited.

- 1.6 You shall not use or access the AWeber API for purposes of monitoring the availability, performance, or functionality of any of AWeber's products and services or for any other benchmarking or competitive purposes.

# 2. Brand Marks- 2.1 Subject to the terms and conditions of these Terms, we grant you a limited, non-exclusive, non-assignable or transferable license during the Term to display our trade names, trademarks, service marks, logos, and domain names to promote or advertise your integration of the AWeber API in your application.

- 2.2 You agree that use of the Brand Marks will at all times be consistent with the guidelines for use.

- 2.3 You agree not to display our Brand Marks in any way that is misleading, defamatory, infringing, libelous, disparaging, obscene, or otherwise objectionable to AWeber.

- 2.4 You agree not to use our Brand Marks in a way that implies a relationship or affiliation with, sponsorship, or endorsement by AWeber, other than your use of the API.

- 2.5 You agree not to use our Brand Marks to promote another service similar in whole or in part to AWeber. This includes, but is not limited to, other providers of email marketing software.

- 2.6 You agree not to use our Brand Marks on a site or anywhere else that violates any law or regulation.

- 2.7 Naming your application, product, or domain name:

Do:

Name your app, product or domain something unique.

Include an explanation that your app is built to work with AWeber.

Don't:

Use the AWeber name in your app name, product name, or domain name.

Register a domain containing AWeber or misspellings of AWeber.

Mislead people to believe that your app is the official AWeber app.

Use the trademarks or brand marks of other entities for which you do not have permission.

# 3. Data Privacy- 3.1 Clearly disclose what you are doing with information you collect from users and what you intend to do with data from AWeber user accounts.

- 3.2 Do not request, cache, or store passwords of AWeber users in any form. The AWeber API is setup to utilize OAuth authentication which utilizes access tokens for secure communication and removes the need to ask for a user password.

- 3.3 The AWeber API utilizes a two level data access methodology. The first, default level, gives access to all account data with the exception of specific subscriber names and email addresses. There is a second higher level access which will provide the specific subscriber name and email address. If your application does not need to see specific subscriber names and email addresses, it shall make use of the first default permission level and not request higher application permissions than are needed.

- 3.4 You shall not request, cache, or store AWeber user data that is not needed for proper function of your app.

- 3.5 Your application shall not send email or other types of communications to data derived from the AWeber API without explicit user permission. Usage of your app by a user does not imply permission. Your application must explicitly ask permission to send such communications.

# 4. Unsolicited SPAM Email- 4.1 You may not use the API to send unsolicited email. All email addresses added to AWeber via the API must have explicitly requested to be added to a list. Just because someone purchases something from you, is in your company CRM, address book, or other device does not mean they want to be on a list. You must explicitly request permission before adding them to a list at AWeber.

- 4.2 Sending unsolicited emails and directing recipients to another webpage to ask for permission to send further email is prohibited.

- 4.3 Adding email addresses that have been purchased, gifted to you, co-registered, safe lists, or any other type of indirect means is prohibited. Explicit, direct permission from the person you wish to email is the only condition under which you may email that person via AWeber.

# 5. Restrictions
In addition to other restrictions contained in these Terms, you agree not to do any of the following, unless expressly permitted by AWeber in these Terms.

- 5.1 Use the API for any illegal, unauthorized or otherwise improper purposes, or breach any laws or regulations, or violate any rights of third parties, in your use of the API.

- 5.2 Sell, share, lease, transfer, sublicense, or fail to protect the confidentiality of the API or content posted by AWeber users.

- 5.4 Use the API in an application that competes with products or services offered by AWeber.

- 5.5 Do not facilitate or encourage the sending or linking to malicious content, pornographic or obscene images.

- 5.6 The collecting of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade-union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation is prohibited.

# 6. AWeber Development.
You understand and acknowledge that AWeber may be independently creating applications, content and other products or services that may be similar to or competitive with your app and its content, and nothing in these Terms will be construed as restricting or preventing AWeber from creating and fully exploiting such applications, content and other items, without any obligation to you. If you elect to provide any feedback, you hereby assign all right, title and interest in and to such feedback to us, and acknowledge that we will be entitled to use, implement and exploit any such feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation or other duty to account.

# 7. Termination
Your license to the AWeber API under these Terms of use continues until terminated by yourself or AWeber. You may terminate by discontinuing use of the AWeber API. AWeber may terminate the license to the AWeber API without liability at any time for any reason, with or without notice. Your right to use the AWeber API will terminate immediately if you violate any of the terms and conditions herein. Upon termination you shall immediately discontinue any and all use of the AWeber API.